Manhattan Annulment Lawyer
Annulment Attorney Serving Manhattan and All of NYC
Annulments are notoriously difficult to obtain and, generally, there’s no good reason to do so. When a party wants to marry again, they still must declare the annulled marriage so it’s not as if the annulled marriage doesn’t count. If you have questions, we have answers. Reach out to a Manhattan Annulment Lawyer at Chaim Steinberger, P.C. for sound legal guidance.
What Makes Annulment Difficult
The reason annulments are so problematic to obtain is that there are misconceptions in every relationship. Whether it is the age of a party, their wealth, or the natural color of their hair, we all allow ourselves to believe things about the ones we love that aren’t objectively true. If every misconception allowed a person to back out of the marriage, no marriage would ever be secure.
Thus, the law only allowed annulments for fundamental reasons–a party did not want to have children, refused to engage in marital relations, or did not, in fact, convert to the religion they claimed to convert to. For anything other than a fundamental basis of the religion, the law will not entertain an annulment action. It is, therefore, easier to pursue a divorce than an annulment, particularly after New York’s enactment of the no-fault divorce law.
Consider Your Options
When considering options for ending your marriage, a Manhattan annulment may be a better option for you than divorce. It may be a way for you to avoid the possibly complicated legal issues of a divorce, especially in circumstances that apply to annulment.
Whether annulment is the best option for you is not a decision you should take alone. You will want to rely on the expertise of an experienced Manhattan divorce attorney who can guide you on the process and whether it may make sense for you.
Regardless of whether you decide on divorce or annulment, deciding to end your marriage is never an easy step to take. You may be overwhelmed by the emotions of the process, leading to decisions you may not have taken otherwise.
Let the experienced Manhattan annulment lawyers at Chaim Steinberger, P.C. guide you through the process. We understand that divorce is a difficult situation and we are focused on guiding you safely through the difficult transition.
In his over 25 years’ experience, Attorney Chaim Steinberger has garnered extensive knowledge of the family laws and processes. He can use his deep expertise in negotiation, mediation, and game theory to help achieve your goals and protect your future as painlessly as possible.
What is Annulment in New York?
An annulment occurs when a court declares a marriage to be invalid, based on certain grounds contained in the law. It is a legal process that results in the declaration of marriage as being null and void.
This means that when a court annuls a marriage, it becomes as if the marriage never existed. Although the record of the marriage and the annulment remains, you and your former spouse may legally state that you have never been married.
Every state has a different set of guidelines, procedures, and qualifications as to those situations in which a couple can get an annulment. Under New York law, you can only get an annulment if:
- One or both spouses were under the age of 18 at the time of marriage
- There was mental incapacity for one or both spouses at the time of marriage
- There has been an inability to have sexual intercourse during the marriage
- There was mental illness lasting 5 years or more, and which is not temporary in nature
- There was fraud, coercion or duress used to induce the marriage
- There is a proven claim of Bigamy
- The marriage is incestuous
Annulment also has a religious meaning. Unlike the legal meaning process though, most religious institutions have their own framework for annulment as well. It may be necessary to also undergo the annulment process under that framework as well.
The Annulment Process Under New York Law
When seeking an annulment under New York law, the spouses must go through a series of steps to complete the decision. You should know that the annulment process will often require proof of several matters and as such, may become complicated. It would be in your best interest to seek a competent Manhattan annulment lawyer to guide you through.
To fulfill an annulment, spouses must first determine the ground upon which they seek the annulment. If they qualify on any of the grounds mentioned above, they may submit a petition, which must be signed by both spouses.
The petition is then delivered by the court, which will then issue a hearing. During the hearing, both spouses will be required to provide proof that supports the claims of the annulment. The court will then decide on the rights of the parties following the annulment.
The court’s decision may touch on matters of property and asset division, alimony and child custody, just like divorce.
Seek Out a Competent Manhattan Annulment Lawyer
If you are seeking an annulment, or are considering whether it makes sense for you, reach out to our Manhattan annulment lawyers. We can help you explore options, decide on the best course of action and take legal action on your behalf.
Reach out to us to schedule a free case review and one of our lawyers will help you determine how to proceed.